Fixed.
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Heaven help the organisation that opens a door for McDevious, but it it is not his likes that caused it,rather an unaccountable system. Mr Hunt, it does not matter who you appoint, the CEO will owe his or her first loyalty to WADA. ASADA is an Australian statutory authority. What other Australian statutory authority is allowed to act without public scrutiny?
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I have a feeling June will be a very interesting month for this thread.
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Any more snippets?
But I want to know noooooooow!
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Here we go:
“The AFL failed to regulate:
the use of peptides, administration of injections, sourcing of substances, the personnel supplying and administering injections, failed to inform the players,”
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Here we go:
“The AFL engaged in conduct towards mr Hird that included:
conduct exposing Hird to public vilification
conduct exposing Hird to social exclusion
conduct exposing Hird to suffering feeling of distress, and/or humiliation
conduct exposing Hird to public ridicule”
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Here we go:
Jackson Taylor’s Statement of Claim filed with Court and I believe was served on the Defendants this afternoon:
https://www.scribd.com/document/348682056/Amended-Statement-of-Claim
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Right, ACTION it is.
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“Clothiers info (given and accepted by ASADA in the interim report) was false in that he had not given that warning to Hird either in the terms alleged or at all”
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"Clothier’s information was false in that he had not given that warning to Hird either
in the terms alleged or at all.
Clothier’s knowledge of the falsity of the information he gave to ASADA may be
inferred from:
(i)the fact that a media outlet published the substance of Clothier’s information
before Clothier had sent it to ASADA;
(ii)the fact that earlier in 2013, Clothier attended his first formal interview with
ASADA investigators and Clothier made no mention of the warning to Hird on
peptides at any stage during his interview;
(iii)Clothier’s contemporaneous notes of the 2011 Meeting record no mention of
a warning to Hird on peptides;
(iv)the contemporaneous notes of Paul Roland contain no reference to Clothier
having given a warning to Hird on peptides;
(v)the surrounding circumstances including:
(a) the AFL’s purpose as stated by Gillon McLachlan at his 4 June 2013
meeting with ASADA for “support staff” to be “sacked”
(b) the fact that ASADA, which had extended the opportunity to other
witnesses to be re-interviewed to respond to information, did not
extend the opportunity to James Hird to respond to the information
provided by Clothier."
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Been deleted now Stab!
So basically from the above it appears that
-
Jackson Taylors court action is still proceeding and hasn’t been shut down
-
Hird is going to launch legal action?
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So, what happens next?
YOU FARKEN BEAUTY!!
Sic 'em Guys !!
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Early start to June, Stabby. Magnificent news.
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So is this it? Are Gil and Fitzpatrick finally going to court?
Can’t wait if so!
Part D
Mr McLachlan’s recklessness is to be inferred from the facts that, at the time of making the Sixteenth Representation:
(a) Mr McLachlan held the position of Chief Executive Officer of an important national institution, the AFL;
(b) Mr Hird’s condition was and had been from the time it became public a matter of serious concern to the community;
© there had been significant reporting and debate in the media locally and
nationally on the question of whether the AFL had contributed to Mr Hird’s condition;
(d) Mr McLachlan knew, or would have discovered on making reasonable enquiries, that the AFL had engaged in conduct towards Mr Hird that included conduct of the nature described in paragraphs 66.1(a), 66.1(b), 66.1©, and 66.1(d);
(e) had Mr McLachlan made reasonable enquiries, he would have discovered the existence of credible information linking conduct of the nature described in paragraphs 66.1(a), 66.1(b), 66.1©, and/or 66.1(d) with the consequences referred to at paragraph 66.2;
(f) there was a significant quantity of public information easily available to Mr McLachlan — including reports, research, community and employer education materials and websites — describing the risks of conduct of the nature referred to at paragraph 66.1 and its links to consequences of the nature referred to at paragraph 66.2;
(g) the information at paragraph (f) included information that a person occupying an office such as that which Mr McLachlan held, at an institution of the national importance of the AFL, ought to be aware of;
(h) the AFL itself had published materials, including on websites controlled by the AFL or its affiliates, discussing bullying behaviours and the risks associated with those behaviours;
(i) the AFL had promulgated rules and policies ostensibly addressing bullying behaviours, including the ‘Australian Football Member Protection Policy’ dated August 2013;
(j) Mr McLachlan had not made any public statement on Mr Hird’s condition in the approximately 32 days prior to making the statement that included the Sixteenth Representation;
(k) the statement that included the Sixteenth Representation was the entirety of the statement made by Mr McLachlan on Mr Hird’s condition;
(l) the statement that included the Sixteenth Representation was made in a
statement distributed by the Australian Associated Press that shielded Mr McLachlan from being questioned on it;
(m) had Mr McLachlan admitted to the truth of the facts about which his opinion was expressed — that truth being that conduct by the AFL could in fact have contributed to Mr Hird’s condition — that admission would likely have had material adverse consequences on the AFL’s standing with consumers, the AFL’s relationships with commercial sponsors and partners, and on the AFL’s brand.
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…through the actions of its Integrity Manager Brett Clothier, committed fraud in the provision… of information to ASADA that was, to Mr Clothiers knowledge, false.
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…threats made by the AFL to persons charged in the Disciplinary Proceedings included threats made by the AFL to James Hird.
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